Tuesday, September 3, 2013

Calancan Bay damage suit dismissal: Part of agreement to quash all Marcopper court cases?

U.S. Lawyer Skip Scott

One down, six to go?

According to PDI the Calancan case is one of seven damage claims filed separately by Marinduque residents in Philippine courts against Placer Dome and its officials. A separate case described as a ‘landmark suit’ was filed by the Provincial Government of Marinduque in a Nevada (USA) court after the national government “turned its back” on demands for environmental protection.

The case appears to have taken a different turn in January when the lawyer representing the Provincial Government of Marinduque disclosed that the national government is actually a participant to the case, contrary to what Marinduquenos have been made to believe.

In a January 2013 meeting with some members of the Sangguniang Panlalawigan and some representatives of Marinduque Council for Environmental Concerns (MACEC) composed of farmers and fisherfolks, lawyers representing the Province of Marinduque in the Nevada case made the following recorded statements:


US Lawyer Scott: "… there may be disagreement as to the methodology, there may be disagreement as to disclosure…. The part of the difficulty, while I’m here, especially now, in any effort or endeavor like this is that we all operate with certain restrictions on us that we do not necessarily want, but have to live with…"

Filipino Lawyer Advincula: "…ang napag-agreehan kailangang sabihin ito, hindi sa pagbubuhat ng bangko, mahirap po yung ginawa namin na framework. Yung framework na ginawa ay isang universal settlement, isang dokumento na ang gusto ng kabila ay ina-address lahat ng mga constituency, lahat ng stakeholders…"

Scott: "… As for the political timetable, I personally believe there is no person, no political party, whether you are in or out, it doesn’t matter as far as these issues are concerned…. Like it or not, the national government is a stakeholder…"

Board Member Mel Go: "Are you saying ‘Skip’ that even the national government will set in?"

Scott : "I think that the national government has to be the signatory to endorse… thus far they are willing to eschew or forego any claims that then were promised with this resolution…  we’ve been in discussion with the national government all along. The national government is well aware and has participated in these (showing documents)…"


Mel Go: "Exactly, that’s why we are in a situation that we have been kept blind for so many years… with the national government (involvement)…"